(A) The Township Board can revoke or suspend a license for any or the following reasons:
(1) Discovery that false or misleading information, data or documentation was given on any application or that material facts were omitted from any application.
(2) The licensee, an individual in the management of the corporation, partnership, or other business entity operating the sexual oriented business, a manager, a supervisor or an employee of the sexually oriented business has violated any provision of this chapter or any rule or regulation adopted by the Township Board pursuant to this chapter, provided that in the case of a first offense by a licensee where the conduct was solely that of an individual in the management of the corporation, partnership, or other business entity operating the sexually oriented business, a manager, a supervisor or an employee, the penalty shall not exceed a suspension of 30 days if the Township Board finds that the licensee had no actual or constructive knowledge of such violation and could not by the exercise of due diligence have had such actual or constructive knowledge.
(3) The licensee becomes ineligible to obtain a license, or the licensee is convicted of, or pleads nolo contendere to, any felony or any crime involving moral turpitude, prostitution, obscenity or other crime of a sexual nature.
(4) Any cost or fee required to be paid by this chapter is not paid.
(5) Any controlled substance or intoxicating liquor or cereal malt beverage is sold, served, used, possessed, or consumed on the premises of the sexually oriented business.
(6) The licensee fails to comply with the zoning requirements of the Kochville Township Zoning Ordinance, including the Cardinal Square requirements.
(B) The Township Board, before revoking or suspending any license, shall give the licensee at least ten days written notice of the charges against him or her and the opportunity for a public hearing before the Township Board, as hereinafter provided.
(1) Before the Township Board revokes or suspends any license issued under this chapter, the Township Board shall cause written notice to be delivered in person or by certified U.S. mail, postage prepaid, return receipt requested, addressed as set forth in the application to the licensee or applicant affected, informing such person of the right to a hearing upon request. The application shall be deemed revoked or suspended the day that the notice of revocation or suspension is delivered in person or three days after it is placed in the U.S. mail.
(2) If the licensee does not request a hearing within 14 days of the date the notice was sent then the license may be forthwith revoked or suspended. If the licensee requests a hearing before the Township Board regarding said proposed revocation or suspension, then said hearing shall be held within 30 calendar days after the date of the written request.
(3) Any license issued by the township may be immediately suspended by the supervisor or any appointed township official if it is determined that the licensee has violated or someone at or upon the licensed location has violated the township ordinance or state law and that continued operation under the license is contrary to the public health, safety, and welfare. A licensee shall have the right to a hearing before the Township Board on any license suspension by the supervisor or duly appointed township official, and notice thereof shall be given in accordance with divisions (B)(1) and (B)(2) above.
(4) Both the township and the licensee shall be afforded a reasonable opportunity to present evidence on the issue at a hearing. The Township Board shall, in its determination, make findings of fact supporting its decision, and the reasons shall be based on the standards described in division (A) of this section. The Township Board shall render a written decision on the proposed revocation or suspension within ten calendar days of the hearing. Action taken by the Township Board shall be final, and any fees hereunder shall not be refunded to the applicant or licensee.
(C) The transfer of a licensee or any interest in a license shall automatically and immediately revoke the license.
(D) Any licensee whose license is revoked shall not be eligible to receive a license for ten years from the date of revocation. No location or premises for which a license has been issued shall be used as a sexually oriented business for one year from the date of revocation of the license.
(E) Any licensee whose license is revoked or suspended pursuant to this section may appeal the revocation or suspension to a court of competent jurisdiction in accordance with the Michigan Constitution, applicable state law, and court rules. If such a licensee seeks judicial review, then a temporary license shall be issued pending the outcome of the appeal. If judicial review is pursued, then the township shall submit the administrative transcript to the court within 45 days of being served with pleadings commencing the appeal process.
(Ord. 11-007, passed 1-17-2012)